IN RE KIRKLAND

No. 88-15519.

915 F.2d 1236 (1990)

In re Larry Dean KIRKLAND and Billie Kirkland, Debtors. SECURITY PACIFIC NATIONAL BANK, Appellant, v. Larry Dean KIRKLAND and Billie Kirkland, Appellees.

United States Court of Appeals, Ninth Circuit.

Decided October 15, 1990.


Attorney(s) appearing for the Case

Richard A. Rogan and John Chu, Broad, Schulz, Larson & Wineberg, San Francisco, Cal., for appellant.

John H. MacConaghy, Koller & MacConaghy, Emeryville, Cal., Robert L. Hughes, Lempres & Wulfsberg, Oakland, Cal., for appellees.

Before POOLE, NELSON and WIGGINS, Circuit Judges.


POOLE, Circuit Judge:

Appellant, Security Pacific National Bank (Security Pacific), brought this action against appellees, the Kirklands, to collect a deficiency claim on loans made and secured by Security Pacific and guaranteed by the Kirklands. In bankruptcy proceedings initiated by the Kirklands, the bankruptcy court granted summary judgment in favor of the Kirklands disallowing Security Pacific's deficiency claim against the Kirklands because Security Pacific...

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